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IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SMT. JUSTICE SUNITA YADAV
th
ON THE 5 OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 4655 of 2024
BETWEEN:-
DHARMENDRA S/O KHILAN AHIRWAR, AGED 25
YEARS, R/O VILLAGE LAMNIYA, TEHSIL AND P.S.
DEHAT BASODA, VIDISHA (MADHYA PRADESH)
.....APPLICANT
(BY SHRI DEVANSH MISHRA - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION TYONDA DISTRICT VIDISHA (MADHYA
PRADESH)
.....RESPONDENT
(BY SHRI ROHIT SHARIVASTAVA - PANEL LAWYER)
This application coming on for hearing this day, th e court passed the
following:
ORDER
This is the first application filed by the applicant under Section 439 of the
Cr.P.C. for grant of bail relating to Crime No.304 of 2023 registered at Police
Station Tyonda, District Vidisha (M.P.) for the offence under Section 457 and
380 of IPC.
Learned counsel for the applicant argued that the applicant is innocent
and has been falsely implicated. It is further argued that the applicant is in
custody since 06.12.2023. After conclusion of investigation, charge-sheet has
already been filed, therefore, there is no requirement of further custodial
interrogation of the applicant. Co-accused Sumit @ Chotu Sharma has already
Signature Not Verified
Signed by: ANAND KUMAR
Signing time: 05-Feb-24
6:36:30 PM
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been granted bail by this Court by order dated 19.1.2024 passed in MCRC
No.1444 of 2024 and case of the present applicant is in parity with co-accused.
Applicant is permanent resident of District Vidisha (M.P.) and there i s no
possibility of his absconsion or tempering with prosecution case. On these
grounds, he prays for grant of bail to the applicant.
P er contra, learned Panel Lawyer for the respondent/State vehemently
opposed the bail application by citing criminal history and prayed for its
rejection.
Heard learned counsel for the rival parties and perused the case diary
available on record.
Considering the facts and circumstances of the case, but without
expressing any opinion on merits of the case, this application is allowed and it
is directed that the applicant be released on bail on furnishing a personal bond
in the sum of Rs.1,00,000/- (Rupees One Lakh Only) with one solvent surety
in the like amount to the satisfaction of the trial Court/committal Court.
This order will remain operative subject to compliance of the following
conditions by the applicant:-
1) The applicant will comply with all the terms and
conditions of the bond executed by him;
2) The applicant will cooperate in the investigation/trial, as
the case may be;
3 ) The applicant will not indulge himself in extending
inducement, threat or promise to any person acquainted with
the facts of the case so as to dissuade him/her from
disclosing such facts to the Court or to the Police Officer, as
the case may be;
4) The applicant will not commit any other offence or
will not repeat the offence in future. In case, if he/she is
found involving in the offence of same nature, this bail
Signature Not Verified
Signed by: ANAND KUMAR
Signing time: 05-Feb-24
6:36:30 PM
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order shall stand cancelled automatically without further
reference to the Bench.
5) The applicant will not seek unnecessary adjournments
during the trial; and
6 ) The applicant will not leave India without previous
permission of the trial Court/Investigating Officer, as the case
may be.
7 ) The applicant shall mark his presence before the
SHO of the concerning police station in the first week of
every month till conclusion of the trial.
Learned State counsel is directed to send an e-copy of this order to the
Station House Officer of the concerned Police Station for information and
necessary action.
E- copy of this order be sent to the trial Court concerned for compliance,
if possible, by the office of this Court.
Certified copy as per rules.
(SUNITA YADAV)
JUDGE
AK/-
Signature Not Verified
Signed by: ANAND KUMAR
Signing time: 05-Feb-24
6:36:30 PM